Case Metadata |
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Case Number: | Crim appl 49 of 02 |
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Parties: | Peter Odhiambo Odhiambo v Republic |
Date Delivered: | 25 Mar 2003 |
Case Class: | Criminal |
Court: | Court of Appeal at Kisumu |
Case Action: | Ruling |
Judge(s): | Richard Otieno Kwach |
Citation: | Peter Odhiambo Odhiambo v Republic[2003] eKLR |
Case History: | (An application for extension of time to file an appeal out of time in an intended appeal from a conviction and sentence of the High Court of Kenya at Kisumu (Mr. Justice Mango) dated 9th March, 1992 in H.C.CR.CASE NO. 8 OF 1992) |
Court Division: | Criminal |
Parties Profile: | Individual v Government |
County: | Kisumu |
History Docket No: | H.C.CR.CASE NO. 8 OF 1992 |
History Judges: | John Amonde Mango |
History County: | Kisumu |
Case Outcome: | Application allowed. |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPULIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: KWACH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 49 OF 2002 (KSM.18/2002)
BETWEEN
PETER ODHIAMBO ODHIAMBO……....……………… APPLICANT
AND
REPUBLIC …………………………………………….. RESPONDENT
(An application for extension of time to file an appeal
in
R U L I N G
This applicant was apparently convicted of murder and sentenced to death around 1993. The superior court file has not been traced and no one seems to know what really happened and so I have to rely entirely on the account coherent may be due to the length of time he has been in prison. He was arrested in September 1991 after he apparently killed his own mother.
Dated and delivered at Kisumu this 25th day of March, 2003.
R. O. KWACH
………………………….
JUDGE OF APPEAL
out of time in an intended appeal from a conviction
and sentence of the High Court of Kenya at Kisumu
(Mr. Justice Mango) dated 9thMarch, 1992
H.C.CR.CASE NO. 8 OF 1992)
***********
When I asked him to urge his application he simply told me to let him go back home. Since he has filed this motion I had to glean his intention from the bare material on the file. Notwithstanding the disappearance of the court file the applicant has a constitutional right to lodge an appeal against his conviction and sentence. I accordingly allow his application and extend the time for filing an appeal by 30 days from today. To enable the applicant to lodge his appeal, the Deputy Registrar of the superior court at Kisumu, the prison authorities and the Attorney-General’s Chambers are hereby ordered to trace the relevant documents and assist the applicant to lodge his appeal.
I certify that this is a true copy of the original.
DEPUTY REGISTRAR